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(영문) 울산지방법원 2018.10.19 2018노820
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. In a separate appellate case against accomplices (Ulsan District Court No. 2017No. 677), the fact that the company to which the defendant belongs pays 4 million won to six victims each, and partial recovery of damage was made, contingent crimes, the defendant is in profoundly against the mistake while committing the crime, and the defendant must take into account equity in the case where the judgment is rendered simultaneously with a special injury crime, etc. (a year imprisonment with prison labor) for which the judgment became final and conclusive.

On the other hand, the crime of this case was committed by the defendant due to the loss of the victim's head, side interest, etc. along with other members of the victim, and there are circumstances unfavorable to the defendant, such as punishment equality, economic circumstances, age, sexual conduct, environment, circumstances after the crime, and whether there was a change in circumstances after the sentence of the court below is sentenced, and thus, the punishment of the court below seems to be reasonable and appropriate and unfair.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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